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(영문) 인천지방법원 2018.04.06 2017나7279
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On October 14, 2016, the Defendants found the Plaintiff on the ground that the Plaintiff did not repay the money borrowed from the Plaintiff at around 23:15.

During that period, Defendant C took the face of the Plaintiff by drinking, and Defendant B took the face of the Plaintiff by drinking with the wheels of the Plaintiff, and Defendant B took the front and back head of the Plaintiff’s face.

(hereinafter “instant assault”). (b)

As a result of the instant assault, the Plaintiff suffered bodily injury, such as “pathal alphath,” “brate tear,” “mathing of alphe and alphe,” and “non-fladrating alphe and alphal hem fever.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 6 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the defendants are jointly and severally liable for the damages suffered by the plaintiff due to the assault of this case.

B. According to the evidence No. 3, active damage claim No. 1, 2016, the Plaintiff paid a total of KRW 9,383,214 to treat the injury caused by the instant assault from October 15, 2016 to November 18, 2016. As to this, the Defendants asserted that the Plaintiff was humping and humping the Plaintiff before the instant assault, but there is no evidence to acknowledge this, the Defendants’ assertion is without merit. (2) The Defendants’ assertion is without merit. (3) The Plaintiff seeking KRW 5,200,000 from the lost income of the Plaintiff.

According to the statements in Gap evidence Nos. 3 through 5, the plaintiff was hospitalized due to the assault in this case from October 19, 2016 to October 24, 2016, and at the time, the plaintiff was working as a field engineer after receiving KRW 200,000 per day from the company called E, so it is recognized that the plaintiff was working as a field engineer. Thus, the plaintiff's actual income of KRW 1,200,000 (=6 days x 200,000) is recognized, and there is no evidence to prove that the actual income exceeding the above amount exceeds the above amount.

C. According to the theory of lawsuit, the Defendants jointly compensate the Plaintiff for damages = KRW 10,583,214.

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